Narrative:

We were heading southeast between san francisco airport and san carlos at an altitude of 9500 ft MSL. Scanning for traffic I checked over my right shoulder and observed a foreign widebody transport cargo aircraft moving from my 4 O'clock position to my 3 O'clock position. The widebody transport was about 200 yards away and level. It was in a steep right bank and appeared to be descending. I immediately banked left, maintaining my altitude. After the widebody transport was 1/2 mi or more away it dropped its gear, passed under and in front of us, continued descending over palo alto airport, crossed the bay, the dumbarton bridge and headed for oakland. We were not in radio contact with bay approach at that time but dialed up the approach frequency for bay and then oakland arsa and heard the pilot of the widebody transport cargo aircraft and the arsa controller. The pilot had a heavy accent. I could not understand his replies. We then returned to the bay approach sector frequency for the area of the incident and asked the controller if she knew anything of a widebody transport cargo aircraft. Without any other prompting the controller stated that she had called the traffic at 9500 ft to the widebody transport and that the pilot had reported that he had us in sight. We had not reported our position or stated that a close encounter had taken place. After landing I called the san jose FSDO and spoke to an aviation inspector. I described the incident and asked if a report should be filed. He stated that it was up to me to decide and suggested that I fill out a NASA form. He said that if I decided to pursue a report I should contact bay TRACON. I called bay TRACON and was told to call the FSDO and was told that no rules had been broken (the FSDO said that the far concerning reckless flying may have been broken by the widebody transport pilot). The TRACON supervisor told me that there would have been no incident if I had been in contact with approach at the time. We were in VFR conditions, at a VFR altitude appropriate to our direction of flight, mode C squawk enabled the controller to know our altitude. We were right, had right of way, but were within 600 ft of being dead right. I feel that the pilot of the widebody transport was in error. At the closing speed of no more than 100 kph he should have had ample time to avoid us by a wider margin. Either he did not have us in sight when he reported he did or his accent precluded him or the controller from communicating adequately. If he did have us in sight he knowingly buzzed a GA aircraft. Further, as pilots we are asked to police our own ranks. Yet when I tried to report this incident, informally or formally, I met with resistance, confusion, antagonism and conflicting advice. Needless to say, I will think twice about reporting anything in the future. The pilot of the cargo aircraft may have thought he had us in sight and realized his mistake at the last min. He may not have understood the controller or she may have misunderstood his reply. His accent was that bad. We were lucky -- the cargo did take evasive action. He could have descended through us from our 6 O'clock position and we would not have been able to do anything. The next time the plane being overtaken may not be so lucky. Callback conversation with reporter revealed the following: reporter stated that he had no further contact with the FAA FSDO or TRACON. However, he was going to change his area of VFR flts when over the sfo TCA by staying further west over the hills which should place his aircraft out from under arriving aircraft from the west heading to oak since they make a rather rapid descent over the bay in their descent to get down in a short distance to oak. He also would like to see the common IFR arrival and departure rtes indicated on the sectional charts.

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Original NASA ASRS Text

Title: COM PLT ON A LCL FLT IN AN SMA SEL ACFT HAD AN NMAC WITH A WDB ACR ACFT DSNDING WHILE OPERATING ABOVE A TCA OVER A HIGHLY CONGESTED ARPT. THE WDB TOOK EVASIVE ACTION.

Narrative: WE WERE HDG SE BTWN SAN FRANCISCO ARPT AND SAN CARLOS AT AN ALT OF 9500 FT MSL. SCANNING FOR TFC I CHKED OVER MY R SHOULDER AND OBSERVED A FOREIGN WDB CARGO ACFT MOVING FROM MY 4 O'CLOCK POS TO MY 3 O'CLOCK POS. THE WDB WAS ABOUT 200 YARDS AWAY AND LEVEL. IT WAS IN A STEEP R BANK AND APPEARED TO BE DSNDING. I IMMEDIATELY BANKED L, MAINTAINING MY ALT. AFTER THE WDB WAS 1/2 MI OR MORE AWAY IT DROPPED ITS GEAR, PASSED UNDER AND IN FRONT OF US, CONTINUED DSNDING OVER PALO ALTO ARPT, CROSSED THE BAY, THE DUMBARTON BRIDGE AND HEADED FOR OAKLAND. WE WERE NOT IN RADIO CONTACT WITH BAY APCH AT THAT TIME BUT DIALED UP THE APCH FREQ FOR BAY AND THEN OAKLAND ARSA AND HEARD THE PLT OF THE WDB CARGO ACFT AND THE ARSA CTLR. THE PLT HAD A HVY ACCENT. I COULD NOT UNDERSTAND HIS REPLIES. WE THEN RETURNED TO THE BAY APCH SECTOR FREQ FOR THE AREA OF THE INCIDENT AND ASKED THE CTLR IF SHE KNEW ANYTHING OF A WDB CARGO ACFT. WITHOUT ANY OTHER PROMPTING THE CTLR STATED THAT SHE HAD CALLED THE TFC AT 9500 FT TO THE WDB AND THAT THE PLT HAD RPTED THAT HE HAD US IN SIGHT. WE HAD NOT RPTED OUR POS OR STATED THAT A CLOSE ENCOUNTER HAD TAKEN PLACE. AFTER LNDG I CALLED THE SAN JOSE FSDO AND SPOKE TO AN AVIATION INSPECTOR. I DESCRIBED THE INCIDENT AND ASKED IF A RPT SHOULD BE FILED. HE STATED THAT IT WAS UP TO ME TO DECIDE AND SUGGESTED THAT I FILL OUT A NASA FORM. HE SAID THAT IF I DECIDED TO PURSUE A RPT I SHOULD CONTACT BAY TRACON. I CALLED BAY TRACON AND WAS TOLD TO CALL THE FSDO AND WAS TOLD THAT NO RULES HAD BEEN BROKEN (THE FSDO SAID THAT THE FAR CONCERNING RECKLESS FLYING MAY HAVE BEEN BROKEN BY THE WDB PLT). THE TRACON SUPVR TOLD ME THAT THERE WOULD HAVE BEEN NO INCIDENT IF I HAD BEEN IN CONTACT WITH APCH AT THE TIME. WE WERE IN VFR CONDITIONS, AT A VFR ALT APPROPRIATE TO OUR DIRECTION OF FLT, MODE C SQUAWK ENABLED THE CTLR TO KNOW OUR ALT. WE WERE RIGHT, HAD RIGHT OF WAY, BUT WERE WITHIN 600 FT OF BEING DEAD RIGHT. I FEEL THAT THE PLT OF THE WDB WAS IN ERROR. AT THE CLOSING SPD OF NO MORE THAN 100 KPH HE SHOULD HAVE HAD AMPLE TIME TO AVOID US BY A WIDER MARGIN. EITHER HE DID NOT HAVE US IN SIGHT WHEN HE RPTED HE DID OR HIS ACCENT PRECLUDED HIM OR THE CTLR FROM COMMUNICATING ADEQUATELY. IF HE DID HAVE US IN SIGHT HE KNOWINGLY BUZZED A GA ACFT. FURTHER, AS PLTS WE ARE ASKED TO POLICE OUR OWN RANKS. YET WHEN I TRIED TO RPT THIS INCIDENT, INFORMALLY OR FORMALLY, I MET WITH RESISTANCE, CONFUSION, ANTAGONISM AND CONFLICTING ADVICE. NEEDLESS TO SAY, I WILL THINK TWICE ABOUT RPTING ANYTHING IN THE FUTURE. THE PLT OF THE CARGO ACFT MAY HAVE THOUGHT HE HAD US IN SIGHT AND REALIZED HIS MISTAKE AT THE LAST MIN. HE MAY NOT HAVE UNDERSTOOD THE CTLR OR SHE MAY HAVE MISUNDERSTOOD HIS REPLY. HIS ACCENT WAS THAT BAD. WE WERE LUCKY -- THE CARGO DID TAKE EVASIVE ACTION. HE COULD HAVE DSNDED THROUGH US FROM OUR 6 O'CLOCK POS AND WE WOULD NOT HAVE BEEN ABLE TO DO ANYTHING. THE NEXT TIME THE PLANE BEING OVERTAKEN MAY NOT BE SO LUCKY. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING: RPTR STATED THAT HE HAD NO FURTHER CONTACT WITH THE FAA FSDO OR TRACON. HOWEVER, HE WAS GOING TO CHANGE HIS AREA OF VFR FLTS WHEN OVER THE SFO TCA BY STAYING FURTHER W OVER THE HILLS WHICH SHOULD PLACE HIS ACFT OUT FROM UNDER ARRIVING ACFT FROM THE W HEADING TO OAK SINCE THEY MAKE A RATHER RAPID DSCNT OVER THE BAY IN THEIR DSCNT TO GET DOWN IN A SHORT DISTANCE TO OAK. HE ALSO WOULD LIKE TO SEE THE COMMON IFR ARR AND DEP RTES INDICATED ON THE SECTIONAL CHARTS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.